Constitutional Law

Question 1

What is an Interrogation?

Answer 1

1. Direct Express questioning
2. Functional Equivalent

Question 2

What is functional Equivalent

Answer 2

1. Staged Police Conversations
2. Provocative Police Comments
3. Displaying an Object

Question 3

How long can you interrogate someone?

Answer 3

6 Hours, according to the 6 hour rule
Starts at time of arrest, and the purpose is to standardize the treatment of all suspects

Question 4

What are the exemptions to the 6 hour rule?

Answer 4

1. Medical Attention - Hospital for injuries
2. Incapacitation - Dudes passed out
3. Emergency - Marathon bombing (cops have better shit to do)
4. Consent search - outside of interview
5. Waive - dude said fuck it he’ll fess up
6. Out of State Arrests

Question 5

What is Mandatory Recording for investigations?

Answer 5

ANY interrogation that requires Miranda/ even with an interpreter requires a recording (Our Body Worn Cameras on and recording)
SJC has indicated that this is the preference for suspect interviews to be recorded

Question 6

What is the Digambattista rule?

Answer 6

Any interrogation in the field or at the District Station MUST be recorded
Failure to comply results in the ADA telling the judge that statements “should be considered with great care,” meaning its not all on camera

Question 7

What is invoking the right to remain silent

Answer 7

Any reasonable expression to invoke his/ her 5th amendment right, directly or indirectly

Question 8

What is the Right to counsel?

Answer 8

Desire of a lawyer invokes counsel

Question 9

What is the length of a Miranda Waiver?

Answer 9

A reasonable amount of time (2 hours to re-read again)
Not required to stop and repeat Miranda
Can ask about other offenses

Question 10

What are the consequences of a Miranda Violation?

Answer 10

All statements are suppressed in court!

Question 11

What is the Public Safety Exception for interrogation?

Answer 11

may BRIEFLY question suspect as it is NECESSARY to prevent IMMINENT danger to Officer or General Public

Question 12

What kind of questions do not need Miranda?

Answer 12

Questions designed to not produce testimonial evidence

Question 13

Is Miranda required during T Stops

Answer 13

NO, not required during/ prior to administering a field sobriety test

Question 14

Are Booking questions incriminating?

Answer 14

NO, generally they are not
As booking is not a search for property, it is for (PAD)
Protection of property
Accusations of theft
Dangerous items
If evidence is found, then give Miranda

Question 15

What is the protection for Juveniles?

Answer 15

Courts recognize the vulnerability of children

Question 16

What is a parent or interested adult?

Answer 16

A parent or guardian of a child (12-13) that must have an interested adult present when being read Miranda
However, for ages 14-17 do not necessarily need an adult present unless they want one (and its recommended by police) or they are highly sophisticated (been through the court before)
Be aware the right still belongs to a Juvenile, therefore an Adult may not waive rights on behalf of a child or force them into it, but can give their opinion

Question 17

What is the Mandated interaction for juveniles?

Answer 17

Until parent arrives avoid talking to Juvenile
Juvenile AND parent must understand Miranda
1. Ages 14-17 have a MEANINGFUL OPPORTUNITY to consult an interested adult before waiving Miranda
2. Ages 12-13, have ACTUAL OPPORTUNITY, which means the Officer is expected to promote parental consultation and the parent HAS to be present
Once 18, fuck em, adult offender and their parent can pound sand